Bill Text: TX HB908 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the division of community property on dissolution of marriage.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB908 Detail]
Download: Texas-2011-HB908-Enrolled.html
| H.B. No. 908 | ||
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| relating to the division of community property on dissolution of | ||
| marriage. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 7, Family Code, is amended by adding | ||
| Section 7.009 to read as follows: | ||
| Sec. 7.009. FRAUD ON THE COMMUNITY; DIVISION AND | ||
| DISPOSITION OF RECONSTITUTED ESTATE. (a) In this section, | ||
| "reconstituted estate" means the total value of the community | ||
| estate that would exist if an actual or constructive fraud on the | ||
| community had not occurred. | ||
| (b) If the trier of fact determines that a spouse has | ||
| committed actual or constructive fraud on the community, the court | ||
| shall: | ||
| (1) calculate the value by which the community estate | ||
| was depleted as a result of the fraud on the community and calculate | ||
| the amount of the reconstituted estate; and | ||
| (2) divide the value of the reconstituted estate | ||
| between the parties in a manner the court deems just and right. | ||
| (c) In making a just and right division of the reconstituted | ||
| estate under Section 7.001, the court may grant any legal or | ||
| equitable relief necessary to accomplish a just and right division, | ||
| including: | ||
| (1) awarding to the wronged spouse an appropriate | ||
| share of the community estate remaining after the actual or | ||
| constructive fraud on the community; | ||
| (2) awarding a money judgment in favor of the wronged | ||
| spouse against the spouse who committed the actual or constructive | ||
| fraud on the community; or | ||
| (3) awarding to the wronged spouse both a money | ||
| judgment and an appropriate share of the community estate. | ||
| SECTION 2. The change in law made by this Act applies to a | ||
| suit for dissolution of a marriage pending before a trial court on | ||
| or filed on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 908 was passed by the House on April | ||
| 14, 2011, by the following vote: Yeas 141, Nays 1, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 908 on May 16, 2011, by the following vote: Yeas 142, Nays 0, 2 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 908 was passed by the Senate, with | ||
| amendments, on May 10, 2011, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
